22.10.2011   

EN

Official Journal of the European Union

C 311/32


Judgment of the General Court of 15 September 2011 — Lucite International and Lucite International UK v Commission

(Case T-216/06) (1)

(Competition - Agreements, decisions and concerted practices - Market for methacrylates - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Fines - Gravity of the infringement - Attenuating circumstances - Non-implementation in practice of the offending agreements or practices)

2011/C 311/55

Language of the case: English

Parties

Applicants: Lucite International Ltd (Southampton, United Kingdom); and Lucite International UK Ltd (Darwen, United Kingdom) (represented by: R. Thompson QC, S. Rose and A. Chandler, Solicitors)

Defendant: European Commission (represented initially by V. Bottka, F. Amato and I. Chatzigiannis, and subsequently by V. Bottka, I. Chatzigiannis and F. Arbault, acting as Agents)

Re:

Application for a reduction in the fine imposed on the applicants under Article 2(d) of Commission Decision C(2006) 2098 final of 31 May 2006 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.645 — Methacrylates).

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Dismisses the Commission’s request for withdrawal of immunity;

3.

Orders Lucite International Ltd and Lucite International UK Ltd to bear 90 % of their own costs and to pay 90 % of the costs incurred by the Commission;

4.

Orders the Commission to bear 10 % of its own costs and to pay 10 % of the costs incurred by Lucite International and Lucite International UK.


(1)  OJ C 237, 30.9.2006.